HomeMy WebLinkAbout20240149.tiffRESOLUTION
RE: APPROVE VACATION, VAC23-0057, OF SPECIAL USE PERMIT, SUP -357 - JAMES
AND TAMMY BRNAK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated June 14, 1978, the Board approved Special Use Permit,
SUP -357 for a borrow pit for highway construction in the A (Agricultural) Zone District, for the
Colorado Division of Highways, on the following described real estate, to -wit:
Part of the N1/2 of Section 33, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owners, James
and Tammy Brnak, 20220 County Road 4, Hudson, Colorado 80642, to vacate said Special Use
Permit, SUP -357, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Special Use Permit, SUP -357, be, and hereby is, vacated.
4942497 Pages: 1 of 2
02/01/2024 03:23 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 I���i��l4r l Ifi� iliiir rktINIVidmill III
CC :pL (ER/MN/MW), AsR(S6),
APP-.
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2024-0149
PL0614
VACATION, VAC23-0057, OF SPECIAL USE PERMIT, SUP -357 - JAMES AND TAMMY BRNAK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, •LORADO
ATTEST: ddtitoj
Weld County Clerk to the Board
Endetrcell .00,40 -Lk,
Deputy Clerk to the Board
APPED .7• ' RM:
ey
Date of signature:
-nelz4
Kevin ' oss, Chair
634,A
Perry
L.
B�uc ! Pro-Tem
1 1 1 L --G
Mike Freeman
EXCUSED
Scott K. James
4842497 Pages: 2 of 2
02/01/2024 03:23 PMd R ee:$0.0 d11111
counts , Co
Car1y wpps.
aine
2024-0149
PL0614
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Molly Wright, Planner
SUBJECT: Vacation of SUP -357
HEARING DATE: January 22, 2024
APPLICANT: James and Tammy Brnak
LEGAL DESCRIPTION: Part of the N1/2 of Section 33, Township 1 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to County Road 20; west of and adjacent to County Road
19
PARCEL NUMBERS: 1473-33-0-00-058, 1473-33-2-00-003, and 1473-33-1-00-004
PARCEL SIZE: +/- 110 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The applicants have been conditionally approved by the Department of Planning Services on
November 14, 2023, for a Family Farm Division. The request is for the subdividing of an
approximately 40 acre parcel into Lot A being approximately 5 acres and Lot B being
approximately 35 acres.
1. C. "Use by Special Review Permit SUP -357, for a Gravel Pit in the A (Agricultural) Zone District, is
located on portions of both proposed Lot A and Lot B of FFD23-0052. The applicant shall address the
continued operation of SUP -357 and which lot(s) it is to be associated with. If the applicant wants to
remove any or all of the lots from SUP -357, a partial or complete USR vacation request letter, and
letter from Colorado Division of Reclamation Mining and Safety stating that there is no activity on the
site and the USR (SUP) may be vacated shall be submitted to the Department of Planning Services.
A USR vacation hearing shall be held before the Board of County Commissioners prior to recording
the Family Farm Division plat."
James and Tammy Brnak proceed to request a complete vacation of SUP -357, for a Gravel Pit, as the use
permitted under the Use by Special Review is no longer active on any parcel. The subject properties are being
proposed for residential and agricultural use.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
Vacation of SUP -357
Page 1 of 1
2024-0149
?Lol,1 `-
December 1, 2023
Molly Wright/Planner I
Department of Planning Services
mrwright@weld.gov
Dear Molly,
This letter is in regards to an explanation for the reason to vacate the SUP -357 from the records.
Back in 1978 this was filed as a one-time removal of dirt fill amounting to 8 inches that CDOT used to
construct the State overpass on Road 4 over 1-76 and the railroad tracks. After this project was
completed the ground had the topsoil put back in place, graded, and this ground has been dryland
wheat farmed ever since and to this day. This SUP -357 should show as inactive.
We are not sure of what else we can produce for you that can offer evidence that this ground has been
vacated of any mining operations or gravel pit. Again, this is an active agricultural parcel.
Best Regards,
James and Tammy Brnak
20220 County Road 4
Hudson, CO 80642
Molly Wright
From: Kim Ogle
Sent: Tuesday, December 19, 2023 03:01 PM
To: Molly Wright
Cc: Maxwell Nader
Subject: FW: M1978-117 Colorado Division of Highways Eichner Pit
For the record
From: Kim Ogle <kogle@weld.gov>
Sent: Tuesday, December 19, 2023 2:57 PM
To: Scott - DNR, Eric <eric.scott@state.co.us>
Cc: Kim Ogle <kogle@weld.gov>
Subject: RE: M1978-117 Colorado Division of Highways Eichner Pit
Thanks for quick response, update and position of the DRMS
Planning staff will proceed with the vacation request to the Board of Cunty Commissioners.
Happy holidays
Kim
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17th Avenue I Greeley
970.400.6100 Office
970.400.3549 Direct
koele@weld.Rov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Scott - DNR, Eric <eric.scott@state.co.us>
Sent: Tuesday, December 19, 2023 12:29 PM
To: Kim Ogle <kogle@weld.gov>
Subject: Re: M1978-117 Colorado Division of Highways Eichner Pit
Kim -
I'm afraid in this case I'm not going to be able to be very helpful.. A reclamation plan certainly would have been
required for DBMS to issue the permit, but as Hunter stated in her letter, the permit was terminated in 1985 according
1
to the permit system. There's no other information in the Permit System with respect to any revisions etc., or any
record of it at all in LaserFiche (unfortunate, but not unheard of with permits of this age), so I can't provide any more
information with respect to the original permit or reclamation.. I can only assume that it was successfully reclaimed and
released. The permit was for 105 acres, but as it was held by CDOT (state gvmt) we wouldn't have held a bond for it at
the time, and certainly don't hold any bond for it at this time. Obviously this was all well before our time(s), but all I can
tell you now is that site has been out of our hands since 1985.. Give me a call on my cell at 303-229-9414 if you need to
discuss further.
Happy Holidays
Eric Scott
Environmental Protection Specialist, P.G., R.G.
P 303.866.3567 x 8140 I F 303.832.8106
1313 Sherman Street, Room 215, Denver, CO 80203
eric.scott@state.co.us I http://drms.colorado.Rov
On Tue, Dec 19, 2023 at 12:08 PM Kim Ogle <kogle@weld.gov> wrote:
Planning staff received this letter,. If the permit was terminated, does that imply that a reclamation plan was not
required?
I will also call Hunter
From: Kim Ogle <kogle@weld.Rov>
Sent: Tuesday, December 19, 2023 12:01 PM
To: Scott - DNR, Eric <eric.scott@state.co.us>
Cc: Molly Wright <mrwright@weld.gov>; Kim Ogle <kogle@weld.gov>
Subject: M1978-117 Colorado Division of Highways Eichner Pit
'Colorado Division of Highways
Eichner Pit
M1978117
112c
/NW/NE
29/1978
1N
65VV
06
Weld
105.00
SR
$0.00
) -BOR $0.00
Hello Eric
The Laserfiche file has no documents associated with the 112c permit.
But monies are being held for the permit?
2
Planning staff received a request to vacate, the USR, through the County,
but with this condition, see red text, has the site been reclaimed and there are no issues from the State?
Thank you for your quick review.
Should I not hear from you before the holiday break.
Happy holidays
Kim
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17`h Avenue I Greeley
970.400.6100 Office
970.400.3549 Direct
kosle@weld.sov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
3
4936804 Pages: 1 of 3
12/22/2023 00:54 AM R Fee:$23.00 D Fee:$0.Carly Koapes, Clerk end Rekeerdir, Weld County 00
FrilFACITIVIltrlilivi 11 II I
Quit Claim Deed
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies)
named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of
whatever interest the GRANTORS may have in the real property described below.
The GRANTORS hereby sell and quit claim to the GRANTEE the real property described
below with all its appurtenances.
The specific terms of this deed are:
Grantors: James J. Break, Jr., aka James J. Break and Tammy Sue Break,
aka Tammy S. Break
Grantee:
James J. Break, Jr., aka James J. Break and Tammy Sue Break,
aka Tammy S. Break, as Joint Tenants
20220 WCR 4, Hudson, CO 80642
Property Description: As set forth in the attached Exhibit A
Property Address: N/A
Reservations -Restrictions: None
Documentary Fee: No documentary fee is paid, as such conveyance is exempt under
the provisions of CRS §39-13-102(2)(a) or CRS §39-13-104(b).
Executed by the Grantors on ..1).C.C,. , 2023.
es J. Break( Jr., aka James J. Break, Tammy Surnak, aka Tammy S. Break,
Grantor Grantor
Quit Claim Deed Page 1 of 2
4938804 Pallas: 2 of 3
12/22/2023 09:54 AM R F..::23.0000P::s0,00
/Ill INrF.r CION l 1014 .116Winfrivca c+L14 VIII!
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5 day of ?mac cr.,.6--r, 2023,
by James J. Brnak, Jr., aka James J. Brnak, Grantor.
WITNESS my hand and official seal Oti&
My Commission Expires: 7' 5q- 10 a-7 Notary Public
VICKI L JOHANN
NOTARY PUBLIC
sTATE OF COLORADO
NOTARY ID 19954010367
MV COMMISSION EXPIRES JULY 24, 2027
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5 day of ,D42.ce„4).G r , 2023,
by Tammy Sue Brnak, aka Tammy S. Brnak, Grantor.
WITNESS my hand and official seal je—kt‘ sCdi 9A6,PANJ
My Commission Expires: 7 -a -Le "aO a- otary Public
VICKI L. JOHANN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954010387
MY COMMISSION EXPIRES JULY 24, 2027
Quit Claim Deed Page 2 of 2
EXHIBIT A
Parcel 1:
A parcel of land located in the NW/4 of Section 33, Township 1 North, Range 65 West of the 6th
P.M., being more particularly described as follows:
Commencing at the NE corner of the NW/4 of said Section 33; thence coincident with the North
line of said NW/4 South 89°07'28" West, 509.58 feet to a point on the Southerly right of way of
the Denver -Hudson Canal from deed recorded October 19, 1911, at Reception No. 171052, and
as shown on Recorded Exemption No. 1473-33-0 RE -4947 recorded April 16, 2010, at
Reception No. 3687390, and the point of beginning; thence coincident with said Southerly right
of way South 45°32'09" East, a distance of 95.53 feet; thence continuing coincident with said
Southerly right of way South 86°57"43" East a distance of 30.00 feet to the NW corner of Lot D
of said Recorded Exemption; thence coincident with the West line of Lots C and D of said
Recorded Exemption South 00°54"31" East, a distance of 1241.55 feet; thence South 89°05'29"
West, a distance of 724.52 feet; thence North 86°25'50" West, a distance of 999.83 feet to the
Easterly right of way of the Denver -Hudson Canal from deed recorded October 19, 1911, at
Reception No. 171052, and as it now exists, said point being the beginning of a curve concave to
the Southeast having a radius of 108.29 feet, a central angle of 00°30'10", and being subtended
by a chord which bears North 37°46'40" East, a distance of 0.95 feet; thence along the arc of
said curve, a distance of 0.95 feet to a point of tangency; thence continuing coincident with said
Easterly right of way North 38°01'44" East, a distance of 54.66 feet to the beginning of a
tangent curve concave to the West having a radius of 304. 71 feet, a central angle of 37°02'11",
and being subtended by a chord which bears North 19°30'39" East, a distance of 193.55 feet;
thence along the arc of said curve, a distance of 196.97 feet; thence continuing coincident with
said Easterly right of way tangent to said curve North 00°59'34" East, a distance of 59.66 feet to
the beginning of a tangent curve concave to the East having a radius of 3462.29 feet, a central
angle of 02°54'53", and being subtended by a chord which bears North 02°27'00" east, a
distance of 176.11 feet; thence along the arc of said curve, a distance of 176.13 feet; thence
continuing coincident with said Easterly right of way tangent to said curve North 03°54'27"
East, a distance of 116.73 feet to the beginning of a tangent curve concave to the West having a
radius of 419.71 feet, a central angle of 22°11'46", and being subtended by a chord which bears
North 07°11'27" West, a distance of 161.58 feet; thence along the arc of said curve, a distance of
162.59 feet to the Southwest corner of that parcel of land described in deed recorded April 29,
1964, at Reception No. 1435002; thence coincident with the South line of said parcel and the
South line of that parcel of land described in deed recorded April 29, 1964, at Reception No.
1435001 north 89°07'12" East, a distance of 562.11 feet to the Southeast corner of said parcel;
thence coincident with the East line of said parcel North 00°49'38" West, a distance of 497.37
feet to the North line of said NW/4; thence coincident with said North line North 89°07'28" East,
a distance of 954.55 feet to the point of beginning, containing 41.51 acres, more or less, County
of Weld, state of Colorado.
4936804 Pagtas 3 of 3
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Carly Kappaa, Clark and Raoordar, Wald County . Co
���� raFiltiOalitIONCIIMMINB YID Bill
4036805 Pesos: 1 of 3
12/22/2023 09:54 AM R Fee:$23.00 0 Fee:$0.00
Car1Y Kedges, Clerk and Recorder, Weld County , CO
IIIINPANWIligeMilliktairownroutili H
Quit Claim Deed
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies)
named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of
whatever interest the GRANTORS may have in the real property described below.
The GRANTORS hereby sell and quit claim to the GRANTEE the real property described
below with all its appurtenances.
The specific terms of this deed are:
Grantors: James J. Break, Jr., aka James J. Break and Tammy Sue Break,
aka Tammy S. Break
Grantee:
Property Description:
Property Address:
Reservations -Restrictions:
Documentary Fee:
James J. Brnak, Jr., aka James J. Brnak and Tammy Sue Break,
aka Tammy S. Brnak, as Joint Tenants
20220 WCR 4, Hudson, CO 80642
As set forth in the attached Exhibit A
N/A
None
No documentary fee is paid, as such conveyance is exempt under
the provisions of CRS §39-13-102(2)(a) or CRS §39-13-104(b).
Executed by the Grantor on "btC.,- s , 2023.
Tammy SueCBrnak, aka Tammy S. Brnak,
Grantor
Quit Claim Deed Page 1 of 2
4936803' Pages: 2 of 3
12/22/2023 09:54 AM R F..:$23.00 D P..:$0.00
Carly Kaplan, Clark and Raoordar, Wald County CO
firdINIO:IfilthrliiLfliMENIEWililii 1I II I
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5 day of �e.,r.,1er, 2023,
by James J. Brnak, Jr., aka James J. Brnak, Grantor.
WITNESS my hand and official seal
My Commission Expires: 7 - a 4^ 2 7
STATE OF COLORADO )
ss.
COUNTY OF WELD )
D1
Notary Public
VICKI L, JOHANN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954010367
MY COMMISSION EXPIRES JULY 24, 2027
The foregoing instrument was acknowledged before me this , 5 day of ae,�p��' 2023,
by Tammy Sue Brnak, aka Tammy S. Brnak, Grantor.
WITNESS my hand and official seal
My Commission Expires: 1- Notary Public
VICKI L. JOHANN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954010367
MY COMMISSION EXPIRES JULY 24, 2027
Quit Claim Deed Page 2 of 2
EXHIBIT A
Parcel 2:
A parcel of land located in the NW/4 of Section 33, Township 1 North, Range 65 West of the 6'
P.M., being more particularly described as follows:
Commencing at the NE corner of the NW/4 of said Section 33; thence coincident with the North
line of said NW/4 South 89°07:28" West, 509.58 feet to a point on the Southerly right of way of
the Denver -Hudson Canal from deed recorded October 19, 1911, at Reception No. 171052, and as
shown on Recorded Exemption No. 1473-33-0 RE -4947 recorded April 16, 2010, at Reception
No. 3687390; thence coincident with said Southerly right of way South 45°32'09" East, a distance
of 95.53 feet; thence continuing coincident with said Southerly right of way South 86°57'43" East,
a distance of 30.00 feet to the NW corner of Lot D of said Recorded Exemption; thence coincident
with the West line of Lots C and D of said Recorded Exemption South 00°54'31" East, a distance
of 1241.55 feet to the point of beginning; thence continuing coincident with said West line South
00°54'31" East, a distance of 1340.07 feet to the South line of said NW/4; thence coincident with
said South line South 89°16'19" West, a distance of 2083.61 feet to the Easterly right of way of
the Denver -Hudson Canal from deed recorded October 19, 1911; thence coincident with said
Easterly right of way as it now exists being the beginning of a curve concave to the SE having a
radius of 472.21 feet, a central angle of 26°33'20", and being subtended by a chord which bears
North 42°20'49" West, a distance of 216.91 feet; thence along the arc of said curve, a distance of
162.59 feet to the West line of said NW/4; thence coincident with said West line North 00°51'27"
West, a distance of 953.62 feet to said Easterly right of way and the beginning of a curve concave
to the SE having a radius of 85.29 feet, a central angle of 02°53'04", and being subtended by a
chord which bears South 87°03'41" East, a distance of4.29 feet; thence along the arc of said curve,
a distance of 4.29 feet; thence continuing coincident with said Easterly right of way tangent to said
curve North 8597'10" East, a distance of 228.07 feet to the beginning of a tangent curve concave
to the NW having a radius of 221.71 feet, a central angle of 86°44'24", and being subtended by a
chord which bears North 51°00'39" East, a distance of 304.50 feet; thence along the arc of said
curve, a distance of 335.65 feet; thence continuing coincident with said Easterly right of way
tangent to said curve North 07°38'27" East, a distance of 78.50 feet to the beginning of a curve
concave to the East having a radius of 108.29 feet, a central angle of 30°02'11", and being
subtended by a chord which bears North 22°50'06" East, a distance of 55. 76 feet; thence along
the arc of said curve, a distance of 57.43 feet; thence South 86°25'50" East, a distance of 999.83
feet; thence North 89°05'29" East, a distance of 724.52 feet to the point of beginning, containing
66.64 acres, more or less, County of Weld, State of Colorado.
4936805 Pages: 3 of 3
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$0.00
���� Prdril ti ICR A VVI NMIN KAIN Bill
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4888118 Pages: 1 of 2
!31232023 10ie 8 A^q Re o�a: S1 w:0a ceuncy en
■III PZibilmoilI4gIVO PAWL7115i14t1tK IY 11111
BENEFICIARY DEED
THIS DEED is executed this 2,tay of Moucein., 2023 by Tammy Sue Brnak and James J.
Brnak, Jr., as Joint Tenants, whose address is 20220 Weld County Road 4, Hudson, CO 80642 ("Grantor").
Grantor hereby designates Jared J, Break as Grantee -Beneficiary, whose address is 20220 Weld
County Road 4, Hudson, CO 80642.
(Note to Assessor and Treasurer: This address is for identification purposes only, all notices and
tax statements should continue to be sent to Grantor.)
Grantor hereby transfers, sells and conveys on Grantor's deaths to the Grantee -Beneficiary, the
following described real property located in the County of Weld and State of Colorado:
NW/4 of Section 33, Township 1 North, Range 65 West of the 6th P.M.
Known and numbered as 20220 Weld County Road 4, Hudson, CO 80642.
THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP
UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY
THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO
CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR
FROM BEING DETERMINED ELIGIBLE, OR FROM RECEIVING, MEDICAID UNDER TITLE 26,
COLORADO REVISED STATUTES.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE.
Executed this day of Much 2023.
Tammy SieBrnalc, Grantor (James J. Break, Jr., Grantor
4888118 Pages: 2 of 2
03/23/2023 10:38 AM R Fee:$18.00
Carly Komee, Clerk and Recorder, Weld County , CO
uIIII���1,'dItI � �Ia�WIt,�W,r i4��4�IW�h�, 11111
STATE OF COLORADO )
) ss
COUNTY OF WELD )
Acknowledged before me this ay of pcL., 2023 by Tammy Sue Brnak, Grantor.
Witness my hand and official seal. A t n
ukQAt,
My Commission Expires: Q��yp friu2.A.
ry
STATE OF COLORADO )
ss
COUNTY OF WELD )
Acknowledged before me this 2tay of p„r h, 2023 by James J. Brnak, Jr., Grantor.
Witness my hand and official seal.
My Commission Expires: Vn-72e1/2o24
4888117 Pages: 1 of 1
03/23/2023 10:38 AM R Fee:013.00 D Foo:$O 00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 lira IPII.91 1V EEll
l
Quit Claim Deed
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies)
named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of
whatever interest the GRANTOR may have in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described
below with all its appurtenances.
The specific terms of this deed are:
Grantor: Tammy Sue Brnak
Grantee: Tammy Sue Brnak and James J. Break, Jr., as Joint Tenants
20220 Weld County Road 4, Hudson, CO 80642
Property Description: NW/4 of Section 33, Township 1 North, Range 65 West of the 6th
P.M.
Property Address: 20220 Weld County Road 4, Hudson, CO 80642
Reservations -Restrictions: None
Documentary Fee:
No documentary fee is paid, as such conveyance is exempt under
the provisions of CRS §39-13-102(2)(a) or CRS §39-13-104(b).
Executed by the Grantor on mpi„r c1n 2,0 , 2023.
Tammy Sue l(fnak
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 2L)day of t.O(\ , 2023, by
Tammy Sue Break
WITNESS my hand and official seal
My Commission Expires: ,),112.0‘ /toz4
RESOLUTION
RE: APPROVAL OF SPECIAL USE PERMIT FOR A BORROW PIT FUR HIGHWAY
CONSTRUCTION -- COLORADO DIVISION OF HIGHWAYS, P.O. BOX 850,
GREELEY, COLORADO.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the_Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 14th day of June, 1978 at
the hour of 2:00 o'clock p.m. in the Chambers of the Board of
County Commissioners, for the purpose of hearing the application
of the Colorado Division of Highways, P.O. Box 850, Greeley,
Colorado for the granting of a Special Use Permit for a borrow
pit for highway construction on the property described below:
A tract or parcel of land containing 104.9 acres, more
or less, in the N.W. and the N.E. 4 of Section 33,
Township 1 North, Range 65 West of the 6th Principal
Meridian, in Weld County, Colorado, said tract or parcel
being more particularly described as follows:
Beginning at a point from which the northwest corner of
Section 33 bears N 88°55'W a distance of 1700.0 feet;
Thence N 89°00'E a distance of 50.00 feet;
Thence S 1°00'W a distance of 240.0 feet;
Thence S 57°13'E a distance of 1758.0 feet;
Thence S 45°30' E a distance of 1800.0 feet;
Thence S E9 °00' W a distance of 3120.0 -feet;
Thence N 7°27' W a distance of 2173.0 feet;
Thence N 79° 10' E a distance of 600.0 feet;
Thence N 1°0D' E a distance of 240.0 feet to the point of
beginning.
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the grant of
the Special Use Permit for a borrow pit for highway construction
on the above described real estate owned by the petitioner, and
WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Resolution
authorizes such a use in an Agricultural District and upon approval
by the Board of County Commissioners, and
WHEREAS, the Board of. County Commissioners of Weld County,
Colorado, heard all the testimony and statements of those present,
has studied the request of the petitioner, and the recommendations
of the Weld County Planning Commission and all of the exhibits and
PL0614
780239
evidence presented in this matter, and having been fully informed
and satisfied that the request for a Special Use Permit for a
borrow pit for highway construction on the above -described real
estate conforms to the purposes of Section 3.3E. of the Weld
County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the application of the
petitioner for a Special Use Permit for a borrow pit for highway
construction on the above described tract of land, be and hereby
is, granted, subject to the Development Standards contained in
the Special Use Permit.
BE IT FURTHER RESOLVED by the Board that the reasons for
approval contained in the Planning Commission recommendations
dated May 2, 1978, be and hereby are, incorporated as the findings
of fact of the Board of County Commissioners in this matter.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
June, A.D., 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /r ,,'Lut ai"... . 41!L^ „rriy,/
ii
Weld County Clerk and Recorder
and Clerk to the Board
By,
Deputy County lerk /
ice;
APPROVED AS TO FORM:
Asst. County At�
Date Presented: June 19, 1978
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